A.

Purpose. The SoBo Overlay District spans various entrances into Boerne and contains unique street frontages, ecological features and economic opportunity. The SoBo Overlay District establishes parameters for development including site and architectural design, building materials, landscaping and lighting to promote the character of Boerne in this unique area of the city.

B.

Applicability. The SoBo Overlay District is designated for commercial, mixed-use and residential development and includes all property as indicated on the SoBo Regulating Plan, except that property in the Hybrid Commercial Character Zone (HC-CZ) that is within five hundred (500) feet of Interstate 10 shall not be included in the SoBo Overlay District.

C.

Regulating plan. The SoBo Overlay District Regulating Plan, herein known as the regulating plan, is hereby adopted as the character map for the overlay district. It establishes the following character standards for all properties within the overlay area:

1.

Establishment of character zones. The overlay area is distinguished into different "Character Zones". Each character zone is intended to create a distinct building form based on the illustrative vision for the SoBo area. Each character zone establishes use and building form standards, including standards for building height, width, location and functional design, as well as parking. The regulating plan classifies all lots within the overlay area into one (1) of the following three (3) character zones:

a.

Hybrid commercial character zone (HC-CZ). The hybrid commercial character zone provides for a range of primarily commercial uses with auto-oriented development that can take advantage of the highway frontage in a quality manner that retains some walkable elements, supporting multimodal traffic, linking regional destinations and promoting economic development. Development standards will emphasize shared parking, cross-access driveways, creek interface, landscaping and appropriate transitions.

b.

Mixed-use character zone (MU-CZ). The mixed-use character zone provides for small to mid-scale commercial (retail, restaurant, office) uses, mid-scale mixed use buildings and multi-dwelling structures that leverage Main Street and Herff Road as commercial streets that connect to internal complete streets, supporting multimodal users and promoting economic development. Development standards will emphasize shared parking, cross-access driveways, creek interface, landscaping and appropriate transitions.

c.

Neighborhood character zone (N-CZ). The neighborhood character zone provides for a range of mid to small scale residential (Detached Dwelling, Duplex Dwelling, Attached Dwelling, Multi-Dwelling Structure, Accessory Dwelling, Garden Homes, Cottage Housing Development, and Multi Unit Homes) to develop a low intensity of residential to support diversity of uses and residential types. Development standards will emphasize compatibility and appropriate transitions.

2.

Establishment of circulation. The regulating plan will indicate primary and secondary circulation routes and intersections that will provide a flexible configuration for circulation, intersections and block sizes in the overlay area. The circulation alignment as shown on the regulating plan are flexible and can be shifted in response to topography, natural features, and tree stands, while maintaining the required intersections and may be adjusted by administrative approval. The number and general location of intersections shall not change, and the general location and connectivity of the circulation shall not change. A plot plan shall indicate adherence to minimum circulation requirements. Trail connectivity as depicted on the regulating plan shall be generally adhered to and built to typical city standards for a multiuse trail. Streets and intersections can be added beyond the minimum circulation depicted on the regulating plan in accordance with existing regulations.

D.

Uses.

1.

The uses in this overlay district shall be in accordance with the three character zones, as follows:

a.

In the Hybrid Commercial Character Zone (HC-CZ). Allowed uses shall be in accordance with the base zoning of the property, except:

i.

Any use allowed under the C3 zoning category shall be allowed for commercial properties in the hybrid commercial character zone.

ii.

The following uses shall require a special use permit in the hybrid commercial character zone:

(a)

Assisted living facility.

(b)

Nursing/residential care facility.

iii.

Prohibited uses in the hybrid commercial character zone:

(a)

Car wash.

b.

In the mixed-use character zone (MU-CZ). Allowed uses shall be in accordance with the base zoning of the property, except:

i.

Uses allowed in the mixed-use character zone, regardless of base zoning, for any commercially zoned property:

(a)

Hotel.

(b)

Live-work units.

(c)

Medical - freestanding emergency room.

(d)

Medical - hospital.

(e)

Medical - laboratory/diagnostic services.

(f)

Medical - offices/outpatient services.

(g)

Medical - surgical center.

(h)

Medical - urgent care or walk-in clinic.

(i)

Mixed-use building.

(j)

Pharmacy.

ii.

Prohibited uses in the mixed-use character zone:

(a)

Assisted living facility.

(b)

Car wash.

(c)

Nursing/residential care facility.

c.

In the neighborhood character zone (N-CZ). Allowed uses shall be in accordance with the base zoning of the property, except:

i.

Uses allowed in the neighborhood character zone, regardless of base zoning:

(a)

Accessory dwelling (attached apartment, detached guest home or garage apartment).

(b)

Attached residential.

(c)

Bungalow court.

(d)

Cottage house community.

(e)

Duplex dwelling.

(f)

Live-work unit.

(g)

Multi-dwelling structure, such as a triplex or a quadplex.

ii.

Uses prohibited in the neighborhood character zone:

(a)

Car wash.

E.

Nonconforming structures.

1.

Structures that were existing at the time the SoBo Overlay District was applied to the property shall be exempt from certain portions of these requirements, provided they remain in their present form, condition and location.

2.

When remodeling the exterior or adding onto a nonconforming structure at a cost equal to or greater than fifty (50) percent of value, the preexisting structure and addition shall be required to conform to the city's current standards if in a hybrid commercial character zone and conform to the city's current standards in if in a mixed-use character zone or neighborhood character zone. All remodeling of the exterior or adding onto a preexisting or nonconforming structure of less than fifty (50) percent of the value, as a minimum shall have the same level and standard of materials, architectural features, and styles as the existing structure.

3.

Any new structure constructed on a lot that is equal to or greater than seventy-five (75) percent of the gross square footage of the preexisting or nonconforming structure, the new structure and the preexisting structure shall be required to conform to the city's combined commercial design standards if in a hybrid commercial character zone and conform to the city's commercial center design standards if in a mixed-use character zone or neighborhood character zone. New structures less than seventy-five (75) percent of the gross square footage of the preexisting or nonconforming structure as a minimum shall have the same level and standard of materials, architectural features, and styles as the existing structure.

4.

Screening shall be followed on all preexisting or nonconforming lots when remodeling the exterior, adding onto, or adding a new structure.

5.

Value for a preexisting structure is determined by the improvement value that is currently recorded with the Kendall County Appraisal District.

F.

Dimensions. Dimensions shall be in accordance with the following standards:

1.

Hybrid commercial character zone (HC-CZ).

a.

Minimum front yard setback iszero to fifteen (0 - 15) feet.

b.

Minimum side yard setback to a detached dwelling is three (3) feet.

c.

Minimum side yard setback to an attached dwelling is zero (0) feet.

d.

Minimum side yard setback to all other uses is five (5) feet.

e.

Minimum rear yard setback where adjacent to a residential use is five (5) feet.

f.

Minimum rear yard setback for all other uses is ten (10) feet.

g.

For all other dimensional standards, the standards for C3 base zoning shall apply.

2.

Mixed use character zone (MU-CZ).

a.

Minimum lot area: twelve hundred (1,200) square feet.

b.

Minimum lot width: twenty (20) feet.

c.

Maximum building height: fifty (50) feet.

d.

Minimum front yard setback is zero to fifteen (0 - 15) feet.

e.

Minimum side yard setback to a detached dwelling is three (3) feet.

f.

Minimum side yard setback to an attached dwelling is zero (0) feet.

g.

Minimum side yard setback to all other uses is five (5) feet.

h.

Minimum rear yard setback where adjacent to a residential use is five (5) feet.

i.

Minimum rear yard setback for all other uses is ten (10) feet.

j.

For all other dimensional standards, the standards for C2 base zoning shall apply.

3.

Neighborhood character zone (N-CZ).

a.

Minimum lot area: twelve hundred (1,200) square feet

b.

Minimum lot width: twenty (20) feet

c.

Minimum front yard setback is zero to fifteen (0 - 15) feet.

d.

Minimum side yard setback to a detached dwelling is three (3) feet.

e.

Minimum side yard setback to an attached dwelling is zero (0) feet.

f.

Minimum side yard setback to all other uses is five (5) feet.

g.

Minimum rear yard setback where adjacent to a residential use is five (5) feet.

h.

Minimum rear yard setback for all other uses is ten (10) feet.

i.

Base zoning of C-1 shall apply for all other dimensional standards.

G.

Additional design standards.

1.

Fences along alleys.

a.

There shall be a five (5) foot minimum setback for fences along alleys.

b.

Where above ground franchise utility equipment exists, the minimum setback for fences is eight (8) feet.

2.

Parking and access service.

a.

Parking.

i.

In the mixed-use character zone (MU-CZ), all nonresidential uses are required a minimum of one (1) space per three hundred (300) square feet.

ii.

On-street parking within three hundred (300) feet of a building shall be counted towards the parking requirement.

b.

Residential parking setbacks.

i.

Parking shall be located behind the principal building along that street frontage, or a minimum of three (3) feet behind the building façade line along that frontage.

ii.

For rear and side yards, parking in the driveway shall not be within twenty (20) feet of the respective lot line.

iii.

Where no parking on the driveway is permitted, there is a minimum rear and side yard parking setback of five (5) feet.

c.

Design of automobile-related building and site elements.

i.

Where permitted, drive-through lanes, auto service bays and gas station canopies for commercial uses shall not be located fronting Main Street, Herff Road, Old San Antonio Road and Christus Parkway. Drive-through lanes may be permitted along all other streets, service drives or alleys. Drive-through lanes, auto service bays, and gas station canopies shall be hidden behind a three (3) to five (5) foot-high street screen along all streets.

ii.

No more than sixty (60) percent of a lot's frontage along a street may be dedicated to drive through lanes, canopies, service bays, and other auto-related site elements. There shall be no such limitation along service drives or alleys.

iii.

Any automobile related retail sales or service use of a site or property shall have a primary building entrance along its frontage.

iv.

Drive through access may be from a street only if the lot has no access to any service drive or alley frontage.

v.

All off-street loading, unloading, or trash pick-up areas shall be screened using a street screen that is at least as tall as the trash containers and/or service equipment. The street screen shall be made up of

(a)

a living screen or

(b)

a combination living screen and primary building material screen.

d.

Design of parking structures.

i.

To the extent possible, the amount of street frontage devoted to a parking structure shall be minimized by placing the shortest dimension(s) of the parking structure along the street edge(s).

ii.

Where above ground structured parking is located at the perimeter of a building with street frontage, it shall be screened in such a way that cars on all parking levels are appropriately screened from view. Architectural screens shall be used to articulate the façade, hide parked vehicles, and shield lighting. Parking garage ramps shall not be visible from any primary street.

(a)

Ground floor façade treatment (building materials, windows, and architectural detailing) shall be continued to the second floor of a parking structure along all streets.

(b)

When parking structures are located at street intersections, corner emphasizing elements (such as towers, pedestrian entrances, signage, glazing, etc.) shall be incorporated.

(c)

Parking structures and adjacent sidewalks shall be designed so pedestrians and bicyclists are clearly visible (through sight distance clearance, signage, and other warning signs) to entering and exiting automobiles.

3.

Street design.

a.

Streets should not only be designed to get people someplace but also be designed to be "someplace," balancing the needs of multiple users of the public rights-of-way. The streetscape is the "destination" in the neighborhood center.

b.

Minimize the width and number of travel lanes so that vehicle design speeds are compatible with pedestrian travel.

c.

Maximize the use of on-street parking on all streets. On-street parking calms traffic, buffers pedestrians from moving vehicles, gives retail uses many priority front-door parking spaces, and allows for more efficient development of building sites.

d.

Use expanded landscape and pedestrian amenity areas to transition from the on-street parking to the pedestrian areas. Amenities such as landscape beds, tree wells, benches or other street furniture should be regularly spaced in a four (4) to six (6) foot-wide area immediately adjacent to the street edge.

e.

Maintain significant pedestrian areas - typically at least six (6) to ten (10) feet in addition the landscape and pedestrian amenity areas.

f.

On wide sidewalks where significant areas for through pedestrian traffic remain, areas may be used for street activities related to uses in the buildings, such as sidewalk sales, outside dining or seating areas, and kiosks.

g.

Street trees should be densely located to provide shade for pedestrians yet achieve canopy heights and crown heights that maintain visibility of adjacent buildings and the street level uses.

h.

Alternatively, arcades may extend over the entire sidewalk areas.

i.

Frequent connections to adjacent neighborhoods should provide multiple alternative routes between the neighborhood and the center.

j.

Curb cuts should be limited in width, frequency, and location. Vehicular access to sites should not occur on any primary street but be located on secondary streets or alleys. Access points should be combined and shared within blocks. Curb-cuts should always be designed to emphasize the priority of pedestrian movements along the streetscape, maintaining the grade and surface material of the sidewalk across all alley or driveway access points to the interior of the block.

k.

Intersections should appropriately balance vehicle turning movements and pedestrian movements. Techniques to slow turning movements and decrease pedestrian crossing distances, such as bump-outs or curb-projections, smaller curb radii, and pedestrian refuge items should be incorporated into the streetscape.

H.

Signage.

1.

Signs in the hybrid commercial character zone (HC-CZ).

a.

Prohibited signs.

i.

Portable changeable message board signs.

ii.

Bulletin board cabinets.

iii.

Pole signs.

iv.

Freeway pylon signs.

b.

All other sign types. For all other sign types, the requirements of chapter 9: Signage shall apply.

2.

Signs in the mixed-use character zone (MU-CZ).

a.

Prohibited signs.

i.

Portable changeable message board signs.

ii.

Bulletin board cabinets.

iii.

Pole signs.

iv.

Freeway pylon signs.

b.

Roof sign.

i.

Digital sign. Digital signs shall require a certificate of approval from the design review committee.

ii.

Illuminated sign. Electronic message boards shall require a certificate of approval from the design review committee.

iii.

Electronic message boards. Electronic message boards shall require a certificate of approval from the design review committee.

iv.

Manual changeable copy sign.

v.

All other sign types. For all other sign types, the requirements of chapter 9: Signage shall apply.

3.

Signs in the neighborhood character zone (N-CZ).

a.

Prohibited signs.

i.

Roof sign.

ii.

Portable changeable message board signs.

iii.

Temporary feather sign.

iv.

Moving sign.

v.

Illuminated signs where the illumination is not static.

vi.

Pole signs.

viii.

Freeway pylon signs.

b.

Signs with additional requirements.

i.

Digital sign. Any sign with a digital sign element, including electronic message boards, shall require a certificate of approval from the design review committee.

ii.

Illuminated sign with static illumination.

iii.

All other sign types. For all other sign types, the requirements of chapter 9: Signage shall apply.

(Ord. No. 2024-10, § 1(Exh. A), 8-27-2024)